Dissent

ARTICLES

Two Indiana Supreme Court justices have once again published a dissent from a 3-2 transfer ruling, which this time let stand a monthly reimbursement order for the parents of an adjudicated teen despite their alleged struggle to meet the payment requirements. Justices Steven David and Christopher Goff argued the trial court should have conducted a specific inquiry into the parents’ ability to pay the ordered reimbursement.

Even though the Indiana Court of Appeals had previously affirmed that the youngsters in this case were children in need of services, in part because of allegations of a father’s sexual abuse, it has reversed the termination of parental rights because the requirement that the father participate in a sex offender treatment program violated his Fifth Amendment right against self-incrimination.

Indiana Supreme Court justices heard oral argument Thursday in a minor fender bender case that resulted in a $1.3 million verdict, considering whether questions regarding a medical expert witness’ disciplinary history and competence should have been admitted.

Police failure to search a party in a controlled drug buy in Muncie and a misleading affidavit to obtain a warrant were sufficient grounds to suppress evidence of cocaine subsequently found in a search of the home the buyer visited, the majority of an Indiana Court of Appeals panel found Wednesday.

A split Indiana Court of Appeals affirmed a man’s conviction for voluntary manslaughter after he fatally shot his fiancé, finding, among other things, no abuse of discretion in the admission of video testimony from a since-deceased eyewitness.

A Putnam County farmer will only be partially compensated for grain he deposited with a failed grain elevator after a divided panel of the Indiana Court of Appeals rejected his reading of the relevant compensation statute.

A split Indiana Court of Appeals affirmed the denial of a drug court coordinator’s claims that an auditor was in contempt of court, finding the coordinator’s claims were frivolous and her excessive filings were unreasonable. As such, the majority awarded appellate attorney’s fees to the auditor.

The termination and division of a multi-generational trust containing more than 422 acres of land was affirmed Thursday by the Indiana Court of Appeals, which split on the question of whether a probate court could adjudicate a separate agreement between two heirs.

The Indiana Supreme Court upheld Thursday the juvenile delinquency adjudication of a sophomore who was found to have plotted to shoot up and blow up Seymour High School during the 2015-2016 school year.